Man shot by ICE agents near Patterson charged with assaulting federal officers
A man who was shot by immigration enforcement agents near Patterson last month was charged with assaulting federal officers and destroying government property, federal prosecutors said on Friday.
On Thursday, a federal grand jury returned a three-count indictment, charging 36-year-old Carlos Ivan Mendoza Hernandez with two counts of assault on a federal officer with a deadly weapon and one count of destruction of government property.
Hernandez's attorney, Patrick Kolasinski, said the indictment was expected and emphasized that the case is now entering the next phase of the legal process.
"We are not going to be commenting in any detail on the facts in the case at this time, as we're now in open litigation," Kolasinski said in a statement.
Kolasinski said the defense believes Hernandez will ultimately be cleared. A preliminary hearing previously scheduled for May 5 has been vacated, with a status hearing now set for May 4, he added.
The incident unfolded on April 7 near Interstate 5 when federal prosecutors said federal immigration officers were attempting to arrest Hernandez, saying he was in the U.S. illegally.
The United States Immigration and Customs Enforcement claimed Hernandez is a member of the 18th Street gang and was wanted in El Salvador. Hernandez's attorney said that's not true, with court documents showing he was found not guilty of simple homicide in 2019.
When federal immigration agents tried to detain Hernandez, prosecutors said he drove forward and hit an agent with his vehicle. He then put the vehicle in reverse and collided with a law enforcement vehicle.
Agents fired their weapons, striking Hernandez "several times," prosecutors said. He was taken to a hospital and was placed in FBI custody on April 13, when he was medically cleared.
At a court hearing on April 20, Hernandez was ordered to remain in custody.
If convicted, Hernandez faces up to 20 years for the assault charges, and up to 10 years for the destruction charge.